ORS 238A.245
Reemployment after commencement of pension benefits


(1)

Except as provided in ORS 237.650 (Options for legislators who are members of Public Employees Retirement System) and 238A.250 (Option of legislators to receive certain benefits), the Public Employees Retirement Board shall cease making pension payments to a retired member of the pension program who is reemployed by a participating public employer in a qualifying position. A retired member of the pension program who is employed in a qualifying position becomes an active member of the pension program without serving the probationary period provided for in ORS 238A.100 (Establishing membership under pension program).

(2)

If a retired member of the pension program is reemployed under the provisions of this section, any option chosen by the member under ORS 238A.190 (Survivorship benefits) is canceled, and upon retiring thereafter the member may elect any option provided for in ORS 238A.180 (Normal retirement benefit) and 238A.190 (Survivorship benefits). The board shall recalculate the pension of the member upon subsequent retirement. [2003 c.733 §26; 2011 c.722 §4; 2013 s.s. c.3 §12]
Note: Sections 36, 37 and 38, chapter 355, Oregon Laws 2019, provide:
Sec. 36. Section 37 of this 2019 Act is added to and made a part of ORS chapter 238A. [2019 c.355 §36]
Sec. 37. Employment of retired member without limitation on hours during calendar year 2020, 2021, 2022, 2023 or 2024. (1) Notwithstanding ORS 237.650 (Options for legislators who are members of Public Employees Retirement System) and any provision of this chapter [ORS chapter 238A] and subject to the limitations in this section, during calendar year 2020, 2021, 2022, 2023 or 2024, a participating public employer may employ any retired member without limitation on the hours worked by the retired member if the administrative head of the public employer is satisfied that the employment is in the public interest. The Public Employees Retirement Board shall continue making pension payments to a retired member of the pension program who is reemployed under this section.

(2)

A public employer that employs a retired member during calendar year 2020, 2021, 2022, 2023 or 2024 shall contribute to the board the percentage of the member’s wages that would have been contributed to the board under ORS 238A.220 (Employer contributions) if the member were an active member of the Public Employees Retirement System. Employer contributions made under this section are in addition to employer contributions made under ORS 238A.220 (Employer contributions). The board shall apply contributions made by a public employer under this subsection against the liabilities of the public employer. The board shall adopt rules governing payments made under this subsection.

(3)

This section does not apply to any member who retires under the provisions of ORS 238A.185 (Early retirement), unless the person is absent from employment with all participating public employers for at least six months before the date the person is employed under this section.

(4)

Employment under this section does not affect the status of a person as a retired member of the pension program and a recipient of retirement benefits under this chapter. [2019 c.355 §37; 2021 c.135 §3]
Sec. 38. Sections 35 and 37 of this 2019 Act are repealed on January 2, 2025. [2019 c.355 §38]

Source: Section 238A.245 — Reemployment after commencement of pension benefits, https://www.­oregonlegislature.­gov/bills_laws/ors/ors238A.­html.

238A.005
Definitions
238A.010
Computation of hours of service
238A.025
Oregon Public Service Retirement Plan established
238A.030
Information technology system
238A.050
Oregon Public Service Retirement Plan part of Public Employees Retirement System
238A.070
Participation generally
238A.100
Establishing membership under pension program
238A.110
Termination of membership
238A.115
Vesting
238A.117
Vesting of member killed in course and scope of employment
238A.120
Withdrawal from pension program by vested inactive member
238A.125
Amount of pension
238A.130
Final average salary
238A.140
Accrual of retirement credit
238A.142
Accrual by academic employees of community college
238A.145
Loss of retirement credit
238A.150
Retirement credit for service in uniformed services
238A.155
Retirement credit for periods of disability
238A.160
Normal retirement age
238A.165
Earliest retirement age
238A.170
Latest retirement date
238A.180
Normal retirement benefit
238A.185
Early retirement
238A.190
Survivorship benefits
238A.195
Cash out of small benefits
238A.200
Actuarial equivalency factor tables
238A.210
Cost-of-living adjustment
238A.220
Employer contributions
238A.230
Death benefit
238A.235
Disability benefit
238A.240
Funding of disability benefit
238A.245
Reemployment after commencement of pension benefits
238A.250
Option of legislators to receive certain benefits
238A.300
Establishing membership under individual account program
238A.305
Persons establishing membership in system before August 29, 2003
238A.310
Termination of membership
238A.320
Vesting
238A.330
Employee contributions
238A.335
Employer payment of employee contribution
238A.340
Employer contributions
238A.350
Individual accounts established
238A.353
Employee pension stability accounts established
238A.360
Rollover contributions
238A.370
Limitation on contributions
238A.375
Distribution of accounts to inactive member
238A.400
Payment of accounts at retirement
238A.410
Death benefits
238A.415
Credit for service in uniformed services
238A.420
Investment options under individual account program
238A.422
Limitation of liability
238A.430
Direct rollovers
238A.435
Distribution of death benefit as rollover distribution
238A.450
Rules for Oregon Public Service Retirement Plan
238A.460
Limitation on powers of board, director and staff
238A.465
Legislative intent relating to increased benefits
238A.470
Contract rights under Oregon Public Service Retirement Plan
238A.475
Application of legislative changes to legislators
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